United India Insurance Company Ltd v. Mainul @ Mainur Ali and 2 Ors

ORDER

14.09.2024 This is an appeal filed by the appellant-United India Insurance Co. Ltd. (for short Insurance Company) against the judgment and award dated 17.05.2024 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (for short MACT, Guwahati) in MAC Case No. 368/2019 whereby an amount of Rs. 16,18,597.38/- was directed to be paid by the Insurance Company. Shri A Munin Chowdhury, Regional Manager of the Insurance Company and the claimant-Mainul @ Mainur Ali along with his learned counsel, Ms. K Patgiri are present today i.e., 14.09.2024 in the National Lok Adalat. The parties present before this Court jointly submit that the matter has been settled between the parties and an amount of Rs.17,50,000/- as full and final settlement has been agreed upon. In view of the above, the appeal stands closed with a direction that the Insurance Company shall deposit the amount of Rs.17,50,000/- being the full and final settlement before the MACT, Guwahati within a period of 45 days from today. The claimant would be at liberty to withdraw the aforesaid amount on being properly identified by his learned counsel. The manner of release of the aforesaid amount would be in the following terms:

i) Out of the aforesaid amount of Rs.17,50,000/-, an amount of Rs. 5,00,000/- is directed to be deposited in a Fixed Deposit scheme in the name of claimant-Mainul @ Mainur Ali in any nationalized bank for a period of 3 years,

ii) The remaining amount of Rs. 12,50,000/- is directed to be released in Page No.# 3/3 favour of the claimant.

The statutory deposit of Rs.25,000/- made by the Insurance Company at the time of filing of the appeal would be refunded to the Insurance Company within a period of 30 days.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010163232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./457/2024o UNITEDoINDIAoINSURANCEoCOMPANYoLTDo HAVINGoITSoREGISTEREDoOFFICEoATo24,oWHITESoROAD,oCHENNAIoANDo ONEoOFoTHEoREGIONALoOFFICEoAToG.S.oROAD,oDISPUR VERSUSo MAINULo@oMAINURoALIoANDo2oORSo S/O.oLToMANIRoALI,oR/O.oVILL.oAMONI,oP.SoBELSAR,oPIN-781304,oDIST.o NALBARI,oASSAM. 2:MD.oMAINULoHOQUE oS/O.oLT.oMASHEBoALI oR/O.oVILL.oDIGHELI oP.O.oDIGHELI oPIN-781371 oDIST.oNALBARI oASSAM. 3:SRI.oGHANASHYAMoTALUKDAR oS/O.oHARGOBINDRAoTALUKDAR oVILL.oANDoP.O.oBENNABARI oPIN-78133 oDIST.oBAKSHA(BTAD) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oKoKoBHATTA,o AdvocateoforotheoRespondento:o,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI